Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-04-08

cannot apply 10 anytnins eise-
He further says in discussion Of the
same subject:
of happening is specified. that IL IL must be
"by resignation OF otherwise" What do these
words mean: They were not inserted Idly.
The trainers Of the Constitution were not In
the habit of inserting idle words In the Con-
stitution.
Gentlemen construe the word otherwise
strangely. They say that the word 'other-
wise means any vacancy, that Is, they say
that the framer OF the Constitution put In
qualification by the word happen, and by
the worus by resignation and then de-
stroyed those qualifications by putting In the
additional words or otherwise, In other
words YOU use the word otherwise. so as 10
leave the power without any qualifications,
as though IL read If vacancies should happen
10 occur during the recess OF the legislature
the Governor may MI them by temporary APP
submit 10 Senators that the very position
itself is absurd for there are well settled fales
OF law for the construction OF this sentence.
You cannot take sentence that way ana use
one word to destroy the meaning OF other
words You cannot take general phrase
and use IL 10 destroy the meaning OF spe-
ciffc phrase. On the contrary you must re-
strain and qualify the general phrase by me
meaning of the specific phrase.
That is the rule. You must restrict the word
otherwise here. Do not destroy the word
otherwise do not let the word 'otherMIse
destroy the word resignation Dut you must
use the word otherwise as appllcaoie 20
cases like resignation, that Is cases o. casu-
atty. Therefore, what does the worn 'other-
wise mean in this connectlon7 IL means
death, removal expulsion, faildre 70 accept
or a vacancy happening by any other casu-
atty. Instead OF saying vacancies which hap
pen by resignation, death, removal, promo
ton or anything else, the trainers USED tne
words by resignation or otherwise, lntehu-
ing the one word resignation TO show you
that the word otherwise was 10 be appllca-
BILE only 10 cases like that governed oy It's
ignation.' that Is cases OF casually WHICH
might happen"
Senator Carpenter earnestly supported
this same view. lie said in this con-
nection:
"The language OF the Constitution is not III
there shall NJ any time be a vacancy the Gov
ernor may appoint, To have effect until the
next meeting OF the legislature bul IL must
be a vacancy happening In the recess Oh th.
Legislature, "A vacancy happening upon what
the Legislature has done, IA vacancy occur
ring in u term which the Legislature has hll.u'
| say that is the plain meaning oil tDe tohsu-
tuition comparing It's different provisions
and I repeat that this word happen mere
was used felicitously because IL emoodies the
element OF chance. and shows that IN ORDER
10 authorize the Governor To make an hp-
pointment there must be vacancy wnlch
happened by resignation or Otherwise, lu
other words by resignation and so foftn. mat
is 10y resignation or some other unexpected
cause
Mr.. Conkling strikingly illustrated
the danger of so constituting the Constl-
tuition, when a full term was to be filled,
and the Legislature had failed, omitted,
or for any cause did not elect the Sena-
tor, as to permit the Governor OF State
TO appoint TO the vacancy. He said
"If II should he the established law that
wherever Legislature decided not 10 eject
the power To nil the vacancy should revert 10
the executive OF the state, the Senate and all
OF us must see how exposed the whoie pro-
cess Of filling seats In the Senate would De-
come because the Governor ana his irlehus
by cabal, intrigue, mRneuNer, might SO ar
range that the Legislature would decide not
TO elect or would fail 10 eject In order That TN
Governor might gather 10 hlnseli the power
to hll the vacancy. Ihe next LeBishture
might decide not To elect. and 30 Indefinite
Iy within the six years, the executive power
OF "A state might usurp that which the Con-
stitution deposits with the Legislative power
During the discussion Of the Bell case,
other cases, Involving ;he same qnes-
tions, were referred 20 and the opinions
of distinguished members Of the L. ).
Senate at different times were quoted.
A case arose caused by the resignation
of Mr.. Clay in 1852. In that discussion
rs to the right OF the executive OF State
to appoint, Stephen A. Douglas con-
fined it entirely to such vacancies as
happen after the full term has been
filled by legislative choice. He said:
"The regular term Of the Senators are for
ak wears. and the vacancies herein provided
for are the unexpired portion OF such terms,
which are to bs filled by the Legislature
when IL can act, and when IL cannot aei. 70
be filled by temporary executive appoint
menLs. II therefore, senator resign or MS
seat is otherwise vacated eJcept ty the eIprd.
fion Of his term the vacancy n for his orlglnai
period OF service TO be temporarily appointed
by The Governor, or 'nlled by The Legisla-
ture."
Hon. James NJ. Mason (the father OF
the editor of the West Virginia Demo-
crat and who ventured, at times, 10 dif-
fer from his SOM, said on the question
"Until Ianman's case, according TO my rec :
objection, II was considered by the Senate
mdniIestiy Uithom co1slderdtton, that ~ was
competent for the State executive when q
term expired. in the recess OF the Legislature,
TO treat that as a vacancy aud to MI ~ ac-
cordingly. such n practice was common un'
III the decision In Danman case. confess
that on looking at the Constitution my nrst
impression was that the practice was cor.
rect but on examining the Constitution apo
weighing IL carefully and deliberately can
not entertain a doubt that the decision oI Lap-
ar
expires by constitutions al Limitation, ~ IN mol
a vacancy which the Executive can NIL lei
the decision In that case set aside all former
precedenis and establish ed a new and cor
rect rule
General Cass expressed similar views.
Judge Butler OF South Carolina, long
chairman Of the judiciary Committee
Of the Senate, and Mr.. Badger, whom
Ben. Hill pronounced the best lawyer
this country has ever produced, ex-
presses in the Phelps case la 1854 the
same opinion. But these views aud
opinions will not be multiplied 20 the
exclusion Of the consideration Of the
other Inquiries, which are.
2. Ii the late executive appointment
of Senator be valid, will IL not tsrIni'
nate with the extra session OF the Leg.
islature? aud 3. II that body ad juurn
without electiDg Senator does not all
power in the Governor 70 Gil the vacan.
CIV thereafter cease?
Let US r, call the provision Of the Con
stitution OF the United States on tbi:
subject.
"And II vacancies happen by resignation o'
otherwise during The recess OF the LeslsiALuft
OF any state the Executive thereof may maze
tenn mpufary appointments uDtl! the next meet
ing vi the Legislature. which shall then ni
such VACANCIES
The power Of the Governor to make
appointments il ''temporary" and thu
time IL lasIs is desned, namely "unu
the meeting Of the Legislature.
IL will be observed that the require
mept is not las some seek TO consirue b.
until the meeting Of the 1sa Legisla
tuye; but IL is until The nea meeting %